Ord 09H1~8
ORDINANCE NO. 9
AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA, AMENDING THE
SAN DIEGO COUNTY CODE OF REGULATORY ORDINANCES ADOPTED BY
REFERENCE TO PROVIDE FOR A MORATORIUM ON NEW CONSTRUCTION
WITHIN THE FLOODPLAIN AREAS OF POWAY CREEK AND RATTLESNAKE
CREEK AND DECLARING THE URGENCY THEREOF.
The City Council for the City of Poway does ordain as follows:
Section 1. FINDINGS. In recent years, the City of Poway has
experienced heavy rainfall resulting in loss of life and physical injury
to the residents therein, health hazards and serious property damage as
a result of flooding. This flooding has been heaviest within the floodplain
of certain natural watercourses. Further development within the floodplain
of the Poway Creek and Rattlesnake Creek areas will result in increased
flooding, and therefore, it is necessary to prohibit temporarily the filing
of applications for use permits, building permits, grading permits, tenta-
tive maps and tentative parcel maps within these areas.
It is further found that detention basins within the watershed
area of the areas described in this ordinance are improvements necessary for
the control of flooding and resulting harm to the health, safety and general
welfare of the city area herein described.
This Council finds this action necessary in order to implement a
study of flood control measures and zoning regulations that may mitigate the
above problems. As mitigating measures are identified, this ordinance may be
reviewed to allow construction consistent with sound engineering practice.
This Council finds that this action is exempt from the California
Environmental Quality Act; pursuant to Section 15108 of the State E.I.R.
Guidelines (14 Cal. Admin. Code ~15108) as an action to protect the environment;
pursuant to Section 15071(c) of the State E.I.R. Guidelines (14 Cal. Admin.
Code §15071(c)) as an action to prevent an emergency.
Section 2. Section 81.116 is added to the San Diego County Code as
adopted by this Council by reference on December 1, 1980, to read:
Section 81.116. CONSTRUCTION WITHIN THE POWAY CREEK AND RATTLESNAKE CREEK
FLOOD BASIN: (a) Any other provisions of this Title 8 to the contrary not-
withstanding, no use permit, building permit, grading permit, tentative map
or tentative parcel map shall be issued or received for processing by the City
of Poway or its staff, after the effective date of this ordinance, if such
permit or map proposes construction of any improvement or a subdivision all
or any part of which is located within the Poway Creek and/or Rattlesnake Creek
floodplain as described in subsection (c), nor will any such permit or map be
issued or received for ~rocessing if said permit or map allows any construction
of any improvement with%the area of an existing or proposed detention basin as
described in subsection (c), or would change or physically alter said detention
basins within said area or change or alter the capability of said detention
basins to insulate the floodplain area herein described from the hazards
set forth in Section 1, unless:
Said permit is for the construction, modification, or repair
of any roadway, bridge, or other improvement used by the
public for vehicular traffic circulation, and such roadway,
bridge or other improvement is to be built to a 100-year
flood standard.
Said permit is for the reconstruction, modification, or
repair or remodeling of an existing improvement for human
habitation within the area herein described and does not
increase the habitable area by more than 50% (fifty percent)
of the original square footage.
"Habitable area" is, for purposes of this ordinance, described
as that area, under roof, designated for human occupancy and
approved as such by local ordinance.
No permit shall issue and no construction, modification, repair
or remodeling of any improvement will be allowed if said
activity would impede the natural flow of surface water within
the floodplain area, except as permitted pursuant to Item 1
above.
(b) No tentative map or tentative parcel map filed prior to
the effective date of this ordinance shall be deemed to have expired during
the effective period of this ordinance. No further processing of said maps
by staff shall be allowed. The period of time between the effective date
of this ordinance and the date of its expiration (after any extensions) or
termination, shall be added to any time set for expiration of said maps in
section 81.309 or section 81.608.5 of this Division.
(c) The Poway Creek and Rattlesnake Creek floodplain and the
proposed locations of detention basins are described as follows:
The Floodplain is shown on Document Number 1 on file with
the Poway City Clerk.
The Rattlesnake Creek Detention basin is all of that area
east of East Coordinate 1,767,500 and below elevation 800
mean sea level datum in the Rattlesnake Creek basin, shown
on Document Number 2 on file with the Poway City Clerk.
The Poway Creek detention basin is all of that area east
of East Coordinate 1,769,000 and north of North Coordinate
288,300 and below elevation 675 mean sea level datum in
the Poway Creek basin, shown on Document Number 3 on file
with the Poway City Clerk.
(d) Notwithstanding any other provisions of this Code, this
Section shall expire and be of no further force and effect four (4) months
from the date of the adoption.
Section 3. URGENCY CLAUSE. This ordinance is an emergency measure
necessary for the immediate preservation of the public peace, health, and
safety within the meaning of Government Code ~25123. Therefore, this ordinance
is effective immediately.
The reasons constituting the emergency are:
For the reasons stated in Section 1 of this ordinance
and the impending rainy season, it is necessary that
this ordinance take effect immediately.
PASSED, APPROVED, and ADOPTED by the City Council of the City of
Poway at a regular meeting thereof held this 30th day of December, 1980, by
the following called vote:
AYES: Councilmen: Emery, Oravec, Shepardson, Tarzy, Rexrode
NOES: Councilmen:
ABSENT: Councilmen:
MAYOR
ATTEST:
CITY CLERK